ABSTRACT
This chapter considers the rules of English law which relate to arbitration agreements. In the maritime context, the vast majority of arbitrations are conducted pursuant to express agreements, sale contract or bill of lading. In the event of a dispute arising it is far easier and quicker to progress matters if there is already an express agreement to arbitrate. An implied arbitration agreement will most usually be held to exist where the parties proceed with an arbitration, each taking positive steps to progress that arbitration without objection. In principle, English law recognises and will enforce an agreement whereby arbitration is made conditional on the prior completion of some other form of procedure. Arbitration clauses contained in charterparties and bills of lading are often extremely abbreviated – they may often consist solely of the words “Arbitration London”. An arbitrator has the power to bind the parties to an arbitration because the parties agreed that he should have such power.
